Madras High Court
V.Gokila vs The State Of Tamil Nadu on 2 January, 2023
W.P.(MD)Nos.29261 and 29262 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:02.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.(MD)Nos.29261 and 29262 of 2022
W.M.P(MD).Nos.23220 to 23225 of 2022
V.Gokila ... Petitioner in W.P(MD).No.29261 of 2022
N.Saravana Bala ... Petitioner in W.P(MD).No.29262 of 2022
Vs.
1.The State of Tamil Nadu,
Rep.by its Principal Secretary to Government,
Revenue Administration and
Disaster Management Department,
Revenue Department,
Fort St.George,
Chennai-600 009.
2.The Additional Chief Secretary/
Commissioner of Revenue Administration,
Revenue Administration and Disaster Management Department,
Ezhilagam, Chepauk,
Chennai-600 005.
3.The District Collector,
Ramanathapuram,
Ramanthapuram District. ... Respondents in both petitions
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.29261 and 29262 of 2022
Common Prayer:Writ Petitions are filed under Article 226 of the
Constitution of India, to issue a Writ of Certiorari, calling for the records
relating to the impugned redrawn panel of Deputy Tahsildars for the year
2010 to 2013, 2015, 2017 to 2019 published by the 3rd respondent vide
his proceedings in Roc.A1/27189/2019(DT. 2010 to 2013, 2015, 2017
to 2019) dated 06.05.2022 and the consequential impugned order passed
by the 2nd respondent vide his proceedings in
Proc.No.Ser3(3)/01/556/2022 dated 12.12.2022 (served to the petitioners
on 27.12.2022 and 26.12.2022) and quash the same as illegal in so far as
the petitioners are concerned.
In both cases
For Petitioner : Mr.H.Mohammed Imran
For Respondents : Mr.S.P.Maharajan
Special Government Pleader
COMMONORDER
The issue arising in the present writ petitions is one and the same
and therefore, they are disposed of by way of this common order.
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W.P.(MD)Nos.29261 and 29262 of 2022
2. These Writ Petitions have been filed to call for the records
relating to the impugned redrawn panel of Deputy Tahsildars for the year
2010 to 2013, 2015 and 2017 to 2019 published by the 3 rd respondent
vide his proceedings in Roc.A1/27189/2019 (DT. 2010 to 2013, 2015
and 2017 to 2019) dated 06.05.2022 and the consequential impugned
order passed by the 2nd respondent vide his proceedings in
Proc.No.Ser3(3)/01/556/2022 dated 12.12.2022 and quash the same as
illegal insofar as the petitioners are concerned.
3. The case of the petitioners is that initially, on 10.12.2012, they
were appointed as Assistant by way of Group-II Examination conducted
by the Tamil Nadu Public Service Commission for the year 2009 to 2011.
Thereafter, they were promoted to the post of Senior Revenue Inspector,
were promoted as Deputy Tahsildar (Certificate) on 16.07.2020 and
thereafter, were promoted to the post of Deputy Tahsildar on 19.07.2021
by the third respondent. While so, the Government of Tamil Nadu has
issued a Government Order in G.O.(Ms).No.87, Revenue and Disaster
Management Department, dated 09.03.2019, refixing the entire seniority
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W.P.(MD)Nos.29261 and 29262 of 2022
of the Deputy Tahsildars, in view of the judgment rendered by the
Hon'ble Supreme Court regarding re-fixation seniority between directly
recruited Graduate Assistants and Promotee Graduate Assistants.
Thereafter, the third respondent has published the re-drawn panel of
Deputy Tahsildar for the years 2004 to 2020, wherein their names were
included in the right place. However, subsequently, the 3rd respondent has
published the impugned re-drawn panel of Deputy Tahsildar for the year
2010 to 2019 on 06.05.2022 leaving them in lurch by not including their
names in the said Panel. Challenging the same, the present writ petitions
have been filed.
3. The learned counsel appearing for the petitioners would submit
that earlier, there was a seniority issue between the persons who served
as directly recruited Graduate Assistants and Promotee Graduate
Assistants and it reached before the Hon'ble Apex Court. The Hon'ble
Apex Court issued series of directions with regard to fixation of
seniority. However, contrary to the directions issued by the Hon'ble Apex
Court, the present impugned panel has been prepared leaving the
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W.P.(MD)Nos.29261 and 29262 of 2022
petitioners which is not sustainable one. Further, the rule of reservation is
available in the cadre of Deputy Tahsildar, Commercial Tax Officer, Sub-
Registrar Grade-II. Without following the rule of reservation, the present
panel has been prepared and hence, it is not sustainable. Hence, he prays
for allowing the present writ petition.
4. Heard the learned counsel appearing for the petitioner and the
learned Special Government Pleader appearing for the respondents.
5. The facts in the present case are not in dispute. Admittedly, the
petitioners were initially recruited as Assistants in the year 2012. The
present panel is drawn only on the basis of the directions issued by the
Hon'ble Apex Court. Aggrieved by the same, the present writ petition has
been filed. For better appreciation, the directions issued by the Hon'ble
Apex Court in the case of A.Rajagopalan and others vs. District
Collector, Thiruchirapalli District and others reported in (2015) 5SCC
560 are extracted hereunder:-
19. In the result, the impugned judgement of the High
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W.P.(MD)Nos.29261 and 29262 of 2022
Court is set aside and these appeals are allowed with the
following observations and directions:-
(i) Promotions of the Direct recruit Assistants
effected between 07.02.1995 and 08.04.2009 and
their seniority in their respective positions as on
date, shall not be disturbed;
(ii) The benefit extended to the graduate
promotee Assistants by placing them on par with
Direct recruit Assistants is to be given effect to
prospectively from the date of judgment of this
Court dated 08.04.2009 rendered in the case of M.
Rathinaswami v. State of T.N. reported in (2009) 5
SCC 625;
(iii) After 08.04.2009, the promotion to the
post of Deputy Tahsildar from its feeder category,
i.e., Direct recruit Assistants and Promotee
graduate Assistants, shall be strictly in accordance
with the judgment of this Court referred above, i.e.,
treating Promotee graduate Assistants on par with
Direct recruit Assistants. Such promotion shall be
given effect to, without reference to any interim
order(s) passed by the High Court;
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W.P.(MD)Nos.29261 and 29262 of 2022
(iv) If any panels are prepared, and
promotions are given, after 08.04.2009 for
promoting the Assistants to the post of Deputy
Tahsildars in Tamil Nadu Revenue Subordinate
Service contrary to the judgment of this Court
dated 08.04.2009, such panels and promotions have
to be revised so as to bring in conformity with the
judgment of this Court referred above;
(v) By virtue of the judgment of this Court
dated 08.04.2009, referred above, Promotee
graduate Assistants are placed on par with Direct
recruit Assistants. So far as Promotee non-graduate
Assistants are concerned, the amended rule holds
the field, which gives preferential treatment to
Direct recruit Assistants, over Promotee non-
graduate Assistants;
(vi) Promotee non-graduate Assistants, who
are impleaded as party respondents in these
appeals, are not entitled to any directions in their
favour, as much as, all these appeals are preferred
by Direct recruit Assistants;
(vii) While implementing the above
directions, if the seniority and promotion, of the
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W.P.(MD)Nos.29261 and 29262 of 2022
persons who are already retired or dead, is affected
in any manner, payments made on account of such
seniority and promotion earlier granted to them
during the interregnum period, i.e., from
08.04.2009 till this date shall not be recovered.
(viii) So far as Promotee non-graduate
Assistants are concerned, it is open for them to
pursue with the Government for appropriate
amendment to the Rules, in which event we keep it
open to Government to consider such request on its
own merits.
6. In the said judgment, it has been clearly stated that “promotions
of the Direct recruit Assistants effected between 07.02.1995 and
08.04.2009 and their seniority in their respective positions as on date
shall not be disturbed; that the benefit extended to the graduate
promotee Assistants by placing them on a par with Direct recruit
Assistants is to be given effect to prospectively from the date of judgment
of this Court dated 08.04.2009 rendered in M.Rathinaswami vs. State of
Tamil Nadu; After 08.04.2009, the promotion to the post of Deputy
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W.P.(MD)Nos.29261 and 29262 of 2022
Tahsildar from its feeder category (i.e.,) Direct recruit Assistants and
Promotee Graduate Assistants, shall be strictly in accordance with the
judgment of this Court referred to above (i.e.,) treating Promotee
Graduate Assistants on par with Direct recruit Assistants. Such
promotion shall be given effect to, without reference to any interim
order(s) passed by the High Court”. Therefore, if the petitioners have any
grievance with regard to the redrawn panel of Deputy Tahsildars, remedy
is available to them to approach the Hon'ble Apex Court for any
clarification. Instead of approaching the Hon'ble Apex Court, filing a writ
petition for stalling the impugned redrawn panel of Deputy Tahsildars is
not sustainable one and it would amount to interfere with the decision of
the Hon'ble Apex Court of India. Hence, this Court is not inclined to
interfere with the impugned orders issued by the respondents 2 and 3.
7. Accordingly, these Writ Petitions are dismissed. No costs.
Connected miscellaneous petitions are closed.
02.01.2023
ssb
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.29261 and 29262 of 2022
NCC:Yes/No
Index:Yes/No
Internet:Yes/No
To
1.The State of Tamil Nadu,
Rep.by its Principal Secretary to Government,
Revenue Administration and
Disaster Management Department,
Revenue Department,
Fort St.George,
Chennai-600 009.
2.The Additional Chief Secretary/
Commissioner of Revenue Administration,
Revenue Administration and Disaster Management Department,
Ezhilagam, Chepauk,
Chennai-600 005.
3.The District Collector,
Ramanathapuram,
Ramanthapuram District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.29261 and 29262 of 2022
M.DHANDAPANI,J.
ssb
W.P.(MD)No.29261 and 29262 of 2022
02.01.2023
https://www.mhc.tn.gov.in/judis
